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Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....eem Mominur Rahman J. – This application for leave to appeal is against the judgment and order dated 20.5.2007 passed in Civil Revision No. 3872 of 2004 by the High Court Division making the rule absolute. 2. The application is time barred. The explanation given for the delay of 15 days in ....... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......ppeal No. 328 of 2003 filed against the judgment and order dated 5.5.2003. Thereafter the said opposite party No.7 on 19.5.2003 deposited tk. 1,65,000/- through Chalan and filed an application in the trial Court for adding him as co-applicant, which was rejected, since no deposit was made in terms a......ted by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By the High Court Division in Civil Revision No. 3872 of 2004.) ..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....- This petition for leave to appeal is directed against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declar......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......the basis of those kabalas and the mutation case was contested by the plaintiffs. They also filed a review miscellaneous case No. 12/1979-80 against mutation of the names of Defendants. 4. The trial Court on consideration of both oral and documentary evidence dismissed the suit. On appeal bei......ported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....itle and ownership and validity of the deeds in question could be gone into and decided only by a civil court. The appellants out of the proceedings of the above Misc. Appeal Case N0.13 of 1981 and also from the contents of the annexures of the above Writ Petition No. 159 of 1989 for the first time ......e efflux of time on 31.12.1964 as held in 17 DLR 451, the above proceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always wit......d in the above suit the defendant Nos.1(a)-1(d), the heirs of Shihamul Haque also filed written statement making averments similar to in their written statement filed in Title Suit No.16 of 1992. The trial court by judgment and decree dated 16.02.1995 dismissed both Title Suit Nos.16 and 25 of 1992.......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
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Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....or leave to appeal is directed against the Judgment and Order dated 22.07.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.1930 of 2008 making the Rule absolute and thereby quashing the proceedings in Foreign Exchange Control Tribunal Case No.12 of 2007.......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......25(B)(2) of the Special Powers Act read with rule 19 (Neo) of the Emergency Power Rules, 2007. 5. Thereafter, the case record was transmitted to the Metropolitan Special Tribunal No.1, Dhaka for trial and it was registered as Special Tribunal Case No. 544 of 2007. The said Tribunal by order dat......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I..Category: Fiscal/Taxation Law | Date: | Hits: 75
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
.... after the said Debattar property and for the purpose of puja and to pay off employees and for increasing the earning of the said Debattar property the Managing Sebayet Ranendra Nath Bose erected some sheds and kutchha rooms in the case plot No.65 and other lands and let out the same. In the eas......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......recovery of khas possession so far it relates to C.S. Plot No.94. That suit was dismissed on contest on 23, 03.1931 but the findings were in favour of the plaintiff as regards to C.S. Dag No. 65. The trial Court observed that plaintiff purchased some lands within the certain well defined boundaries ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ..Category: Tenancy Law | Date: | Hits: 214
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....d during the last survey, the suit land was wrongly recorded in the name of the father of defendant Nos. 1 and 2 and that their father by executing registered deed of muktipatra dated 16.10.1997 disowned his claim of wrong record relating to suit land within the knowledge of the defendant and th......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......pendent finding on merit of the suit but merely relied upon the findings of the Court of appeal passing the judgment of reversal without adverting to the material findings and reasoning of the trial Court as to possession of the plaintiff-petitioners in the suit land with reference to ...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....plication under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 31.10.2007 passed by a Single Bench of the High Court Division making the Rule absolute issued in Civil Revision No. 3906 of 1997. &n......ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ...... 5. Are the plaintiffs entitled to get decree as prayed for? 7. The plaintiffs examined three witnesses and the contesting defendants also examined three witnesses. 8. The trial Court on consideration of the oral and documentary evidences on record and the submissions of......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
.... Judgment June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No re......e trial court as well as the appellate court below have decided all the issues involved in the case on the basis of evidence on record the impugned judgment for remand by the High Court Division is uncalled for and as such not tenable in law. Mr. Ahmed on the other hand while supporting the impugned......of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. The trial court decreed the suit in preliminary form by judgment and order dated 30.11.1994 giving saham...... Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....ite processes have been issued, they will defy the processes of the courts and in such cases, the administration of criminal justice will be crumbled . . . A convict who seeks the interference of the sovereign to obtain revision of a judicial order must submit to the Court instead of engaging himsel......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......oes not assume the function of an appellate authority, far less pass an interim order in a matter of criminal matter. 11. Therefore, the learned Judges should not have exercised the powers of the trial court and allowed the writ petitioner to surrender before them with a view to legalise the pro...... Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petit..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....short, are that Harkumar Banik was the original owner of 0.34 acre of the land of suit Settlement Khatian No.2352. He remaining as the owner in possession in the said land, died leaving behind two sons namely, Rawsraj Banik and Ashwani Kumar Banik and each of them inherited 0.17 acre of land out......Balaram and the plaintiff got his share as per amicable partition. The money deposited in the bank by Balaram was his own money and plaintiff can not claim the same and they also contended that so called solenama was filed in succession case against the will of the defendants and is not binding ......operty was acquired by purchase out of joint fund of the alleged joint income or Balaram deposited the joint income in the bank in his own name and as such, the finding of presumption drawn by the trial Court as well as the High Court Division that the suit property were the joint property is to......(AD) (2009) 303. ..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....d Fazlul Karim J.- This Petition for Leave to Appeal is directed that the judgment and decree dated 13.04.2006 passed by the High Court Division in Civil Revision No.3632 of 1998 making the Rule absolute thereby setting aside the judgment and decree dated 19.05.1998 passed by the learned Joint D...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ......s interference by this Court. 6. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the respondent Nos.1-3 submitted that on proper discussion of the evidence and materials on record the trial Court decreed the suit in favour of the plaintiffs finding that the deeds in question are fal......7 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
.... with their business dealings, the complainant petitioner supplied aluminum steel goods worth Tk. 2,36,00,000/-, against which two bills were submitted, each for Tk. 1,18,00,000/-, and the accused persons paid on bill and the other remained unpaid and subsequently accused persons paid Tk. 50,00,000/......ing the Rule. The High Court Division on detailed discussions on the issues involved has arrived at its decision with cogent reasonings, which are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is al......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......llate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Joynul Karim & others……………..Petitioners Vs. The State and another……………….Respondents Judgment March 22, 2009. Result: The petition ..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....on for leave to Appeal No. 749-50 of 2008. Judgment Md. Abdul Aziz J.- The petitioners sought leave to appeal against the judgment and order dated 07.02.2008 passed by a Single Bench of ......test and one Surat Ali Gazi brought Title Suit No. 107 of 1992 against the plaintiffs and the same was dismissed on 01.03.1993 and Barik Moral did not surrender tenancy right to his landlord and so-called deed of Kubuliyat is void and not acted upon and the deeds dated 26.11.1953, 11.05.1960, 11......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ....... ..Category: Property Law | Date: | Hits: 90
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....ng, the leave petition is disposed of setting aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......as Hossain was totally unaware of existence of the case against him and at no stage of the proceeding a warrant of arrest order of attachment was served upon him. It is the principle of law that a trial in absentia can be held upon exhausting the provision regarding Gazette Notification and publ...... ..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 31.10.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 3851 of 2000 making the rule absolute arising out of judgment and order dated 14.062000 passed by the learned Additional District ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......an application for separate ‘Saham' and thereafter the defendant Nos. 30 and 55 (Ka)-55(Uma)-56 amicably settled the matter out of Court and filed a Solenama for ‘Saham' and the learned trial Court accordingly passed a preliminary decree and the said Solenama was treated as a part of...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J..Category: Procedural Law | Date: | Hits: 143
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
.... before the trial Court. Accordingly, the learned District Judge allowed Miscellaneous Appeal setting aside status-quo order dated 01.03.2006 passed by the trial Court. If the petitioner has any reason to be aggrieved he could file a fresh application for redress of the same or make a prayer for......any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ......No. 2177 of 2006 discharging the Rule. 2. We have heard the learned Advocate for the petitioner and perused materials on record. It appears that since there was nothing in writing before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the pa......in J Shah Abu Nayeem Mominur Rahman J Mozibur Rahman………………………….....Petitioner Vs. Al-haj Nazrul Karim and others…….....Respondents Judgment April 16, 2009. Lawyers Inv..Category: Civil Law | Date: | Hits: 106
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....al is directed against the judgment and order dated 16.07.2003 passed by the High Court Division in Criminal Appeal No.59 of 2000 allowing the appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Criminal Revision No.381 of 2......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......acs dated 07.04.1996. The cheque was duly presented to the AB Bank, Khulna Branch but it was returned unpaid and the respondent No. 2 thereafter filed the aforesaid C.R. Case. After concluding the trial the learned Metropolitan Magistrate convicted the appellant under Section 138 of the Negotiab...... Abdul Matin J Md. Abdul Aziz J G M M Rahman…………………………………Appellant Vs. The State and another…………………….Respondent Judgme..Category: Criminal Law | Date: | Hits: 106
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....eafter on transfer heard the said revision petition on 5.3.2008 and maintained the order of the learned Assistant Judge. The learned Additional District Judge observed that the plaintiff respondent sought for two declarations which have no objective standard of valuation and that the learned Ass...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ...... plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to such amendment, the defendant No. 2 filed an application in the trial court for directing the plaintiff to revalue the suit on the basis of amended plaint. The lea......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Country Director, International Bank of Reconstruction and Development (known as World Bank) …………………&helli..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....ted 1.11.1962 and settlement nama dated 6.11.1968 executed by Abdul Hakim Chowdhury in favour of defendant Nos.1-3 and defendant No.10 respectively are void and not binding upon the plaintiff, has sought leave against the judgment and decree dated 6th of December, 1994 of the High Court Division......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......10. The Wasiatnama and settlementnama are all genuine documents and binding upon plaintiff and defendant Nos.1-10. The plaintiff has got no right, title and interest of the suit land. 4. The trial Court decreed the suit in preliminary form against the defendant No.1 and exparte against th...... Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Mohammad Fazlul Karim J Abdur Rahman Chowdhury……..Petitioner Vs. Mst. Nurjahan Chowdhury and others……..Respondents Judgment May 22, 2001. Lawyers Involve..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it......II of 1959) whereby jurisdiction of all courts including the Supreme Court was ousted, it was held as under: "If a statute provides that an order made by an authority acting under it shall not be called in question in any court; all that is necessary to oust the jurisdiction of the courts is tha......f Rule 19Kha as contained in the said Rules and submits that the expression "Any Court or Tribunal" (translated from Bangla) as employed in the said Sub rule 1 of Rule 19Ka and Kha refers only to the trial Court or the tribunal as the case may be or in other words the offences contemplated under the......his Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
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